23 Iowa 464 | Iowa | 1867
The failure to file “ a just and true account of the demand” with the clerk within ninety days, did not operate to defeat the lien against the owners. Rev. § 1851, as amended by ch. 11, Laws 1862, p. 127.
" So that we feel bound to conclude that the petition, though not the most formal, is substantially good; that if the averments therein contained are true, as conceded by the demurrer, plaintiff would be entitled to the relief asked, and that in holding it insufficient, the court below erred. See Cotes & Davies v. Shorey, 8 Iowa, 416; Jones v. Swan, 21 Id. 181.
Reversed.